Filing an objection
OBJECTING TO THE PROPOSED DECISION ON THE ELDORA MOUNTAIN EXPANSION
The Forest Service provides a relatively simple administrative review process for people who object to proposed decisions by the agency. You need not be a lawyer or an expert in any discipline. However, you must follow certain rules and submit your objection by the deadlines, as is explained below.
First, you must have previously commented during an official comment period for the project. The two official comment periods were in the summer of 2012 for scoping, and the comment on the draft environmental impact statement that ended in April of 2014.
To object on any issue, you must have commented on that issue, unless the issue arose after the end of the last official comment period. The latter situation has occurred with the Forest Service proposing to invalidate Forest Plan standard 99 (requiring protection of vegetation cover in riparian areas) for the area along Middle Boulder Creek.
You must include all of the following in your objection
(see sample cover letter below):
–Your full name;
–Your postal address;
–Your e-mail address, if applicable;
–Daytime phone number (not required, but recommended);
–The name of the project you are objecting to;
–The name and title of the person who proposes to make the decision you don’t like;
–The national forest and ranger district where the project would be implemented;
–A description of why you believe the decision is wrong, including, as applicable:
–violations of law
–violations of regulations
–violations of agency policy
–violation of the relevant forest plan
–A statement that shows that you have previously commented on each issue being objected to, except for issues that arose after the close of the last comment period. You can meet this requirement by simply saying, at the start of each issue argument: “I (we) addressed this issue on p. __ of my (our) comments dated ___.”
–A list of “suggested remedies”, that if followed, would reduce or eliminate your problems with the project you object to.
If you want to incorporate any documents by reference, be aware that there are restrictions. See 36 Code of Federal Regulations 218.8(b), or 219.54(b) for objections to the proposed forest plan amendments.
You may submit objections by hand delivery (to the Forest Service Regional Office (address below); by postal mail; by fax (number below); or electronically. (See addresses and numbers below.)
Objections are due by the close of business on the 45th day after publication of the official notice in the newspaper of record, except that for objections concerning the proposed forest plan amendments, the deadline is 60 days after the official notice. If the deadline falls on a non-federal workday (Saturday, Sunday, or federal holiday), the deadline is the next business day. Since the notice was published on March 19, the deadline for objections on forest plan amendments is May 18, and for other issues, it is May 4.
Sample cover letter for an objection to the Eldora Ski Area Expansion:
USDA Forest Service, Region 2 Rocky Mountain Region
Attn.: Objection Reviewing Officer
740 Simms Street
Golden, CO 80401-4720
[if applicable] via e-mail: firstname.lastname@example.org
[if applicable] via fax: 303 275-5075
Dear Objection Reviewing Officer,
By means of this communication, the party (parties) listed below object to the proposed decision of Arapaho-Roosevelt National Forest Supervisor Glenn Casamassa to approve the Record of Decision for the Eldora Mountain Resort Ski Area Projects on the Boulder Ranger District of the Arapaho-Roosevelt National Forest. The notice for the objection period was published in the Ft. Collins Coloradoan on March 19, 2015, therefore this objection is timely.
daytime phone [recommended]
[Provide the above for all objectors. If more than one signs on, list first the person whom you want to receive communications from the Forest Service concerning the objection. This person is known as the “lead objector.”]
(Reasons why you think the proposed decision is wrong)